Lane v. Commonwealth

I agree with the Court of Appeals and with the plurality opinion of this Court that, contrary to our holding in Knox v. Commonwealth, Ky., 735 S.W.2d 711 (1987), Appellant was charged with a unique legal duty to protect her child from assault and injury at the hands of her domestic companion and co-defendant, Bryan Tubbs. However, I do not find the source of that duty in the language of KRS Chapter 620.

Although KRS 620.010 pronounces a legislative purpose that children have certain fundamental rights which must be protected and *877preserved, including the right to be free from physical, sexual…